Research On The Restriction Of The Ownership Of Private Cultural Relics In China

Cultural relics are the spiritual civilization of mankind,and the precious heritage of the development of human history and culture,And because of the scarcity and non-irreplaceable of cultural relics,make it also generally have a high economic value.So the cultural relics are different from ordinary things,and it has a unique cultural and economic value.However,the high economic value and the loss in the keeping process of the culture relics make it was destroyed and damaged,and the quantity is astonishing,so our country is facing a serious cultural relics crisis,"heritage protection law" has made a series of measures,one of the restrictions on private ownership of cultural relics is to prevent the abuse of power by the owners of private cultural relics.But the public rights of private rights restrictions,the private right has received some damage without any compensation,leading to private cultural relics all rights and obligations are not equal.This paper is starting from the perspective of cultural relics,combining with the rule of "cultural relics protection law" and other laws,to private ownership restrictions in certain cultural interpretation.This paper is divided into four parts.The first part is the concept and classification of private cultural relics,the contents and reasons of private cultural heritage.The second part is the main limitations of the private ownership of cultural relics existing problems.For example,private immovable cultural relics in the circulation problem:private not move of cultural relics repair,maintenance obligations for all too harsh.The heritage of the country all lack the necessary constraints,the ancient tombs and underground cultural relics does not partition other all belong to the country some of the provisions is too absolute;legal level only the provisions of the restrictions on the private ownership,but does not provide for the granting of damage to the interests of all the corresponding compensation and so on.In the third part,according to the personal cultural relic property rights restriction problems measures are put forward,including the private mobile transfer of cultural heritage law perfect:private not move artifacts all the repair,maintenance obligations,not another partition given private not movement artifacts of all the people who helped,and provisions corresponding compensation;binding legal provisions to cultural property belongs to the scope of state all,will be able to clear all the tombs and underground legacy heritage provisions to return all of the all;define the standard of compensation and compensation,giving all people of legal remedies for the rights.There are some of the sources of heritage protection funds are discussed,respectively,for the establishment of heritage protection fund system and the cultural heritage of a reasonable economic development.The fourth part is to encourage citizens to participate in cultural relics protection,as well as the British heritage protection excellent system and its advanced experience for reference.On the personal cultural relic property rights is restricted in order to better protect the relics,but as a specification and its abstraction and stability,conserved features of the in a certain extent and reality is difficult to reconcile,sometimes even to the reaction,can not be better for the protection of cultural relics,this paper in view of the problems existing in the personal cultural relic property rights restriction proposed some solving measures.Hope to be helpful to the work of cultural relics protection in our country.